Lake County Department of Family and Children v. D Family
Family summoned to court for refusal to allow social worker into home

Filed: May 3, 2005.

Nature of Case: A social worker came to the door of this Indiana family's home and demanded to see the children. When Mrs. D refused to let him into the house, he summoned the police and another social worker. The D's allowed him to see that the children were well-cared for and in good health, and the social worker decided to leave. Upon leaving, however, he gave the family a pink 3x5 card explaining to them that their children were now in CPS custody, and instructing them to appear in court on May 5, 2005. He left without taking the children, and the family called HSLDA.

Rulings:On May 5, 2005, Attorney Mason filed a motion to dismiss in the juvenile court, arguing that the procedure followed by the social worker was not only contrary to Indiana law, but that it was also in violation of the Fourth Amendment. The initial hearing was continued and the social workers were provided with ample evidence to demonstrate that the homeschooling program is in full compliance with Indiana law.

Status: Prior to the hearing, Jim Mason moved to dismiss. The social workers agreed, and the matter was dismissed on May 11, 2005. The allegations against the family were declared unfounded. Closed.